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Words: | Submitted: Tue Feb 06 2007
... doing more than contractual duty is Stilk v Myrick, where two sailors abandoned a ship and the captain asked the rest of the crew to sail the ship home even though they were two men down, and for this he would pay them extra money. However when the ship returned home the captain refused to pay the extra money and he won the case on the basis that the sailors were doing no more than their original contractual duty. Although in a similar case Hartley v Ponsonby had a similar situation but several sailors abandoned ship and the rest of the crew were asked to get the ship home and were promised additional money. Again the captain refused to pay however it was held by the court in favour of the crew members as they had done extra than there contracted duty. And because of the large number of crew ...
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